Is Squatting Legal? Understanding Squatters Rights in Australia

Squatters Rights and Adverse Possession in Australia 

Squatters’ rights are part of what’s legally called “adverse possession.” This law allows someone who has occupied a property for a long period, without the owner’s permission, to potentially claim legal ownership.  

For example, you’ve inherited a property from a relative, but since you live interstate, you haven’t had a chance to visit for months. When you finally arrive, you find strangers living there. These people, whom you’ve never met, are claiming they’ve been there long enough to have rights to the house.  

Having someone live in your property without your permission, to potentially take ownership of it, feels both unfair and terrifying. Unfortunately, this isn’t just a one-off horror story. It’s a reality many Australian property owners face. 

If you discover squatters on your property, don’t try to remove them yourself, that could lead to legal trouble. Using force or intimidation could backfire, and you could face criminal charges. Worse still, if squatters establish rights through adverse possession, you risk losing your property entirely. 

Understanding Squatters’ Rights 

Squatters’ rights, or adverse possession, stem from common law principles. The idea is that land should not sit unused when someone else is willing to maintain and occupy it. However, these criteria are stringent and require squatters to prove uninterrupted and open use of the property without the owner’s permission. 

One of the biggest myths around squatters’ rights is that anyone who occupies your property will be able to claim ownership, but this is not true. Not every trespasser qualifies for adverse possession. A person who breaks into your home and stays temporarily is a trespasser who will removed by law enforcement. For adverse possession, the squatter must show they’ve treated the property as their own over an extended period. 

To claim adverse possession, squatters must apply to the Land Titles Office to provide substantial evidence of long-term, uninterrupted occupation. This might include proof of maintaining the property, such as mowing the lawn, carrying out repairs, or making improvements to the home. They also need to demonstrate that they’ve been paying utilities, like water or electricity bills, and council rates in some cases.  

Fencing the land, cultivating gardens, or making structural changes also serve as evidence of squatters’ ongoing presence and investment in the property. If successful, the squatter has grounds to have the title transferred into their name and become the new legal owner. This process, while rare, shows the importance of diligent property management and regular monitoring of any vacant or investment properties you own. 

Legal Steps to Remove Squatters 

Before diving into the legal steps required to remove squatters, it’s important to understand why you should take swift action: Squatters who remain on your property for extended periods only strengthen their case for adverse possession, so it’s harder for you to reclaim ownership. Acting promptly while following the legal process protects your right and helps avoid potential legal pitfalls and costly delays. 

Step 1: Issue a Formal Eviction Notice 

The first step in removing squatters is serving them with a formal eviction notice. This provides squatters with an official warning and gives them a chance to vacate voluntarily before you escalate toward legal action. 

Make sure that the eviction notice complies with local laws and includes clear deadlines for vacating the property. If the squatter leaves at this stage, you save yourself time, stress, and legal expenses. 

Step 2: Apply for a Court Order for Possession 

If the squatters refuse to leave despite receiving an eviction notice, apply for a court order for possession. This authorises the removal of occupants who have no legal right to the property. 

When applying for the court order, present strong evidence to prove your ownership. This includes records showing the squatters’ unauthorised occupation. A lawyer will guide you through this process and help you prepare the necessary documentation to strengthen your case. 

Step 3: Engage Law Enforcement to Enforce Eviction 

Once you have a court order, call on law enforcement to physically remove the squatters if they still refuse to leave. Police officers will help you handle the eviction legally and safely. Their presence also prevents risk of confrontation or further damage to your property. 

Do not take matters into your own hands. Using force could result in serious legal consequences. With law enforcement involved, the eviction will be carried out properly and your rights as a property owner upheld. 

Preventative Measures for Property Owners 

After understanding how squatters claim rights and learning the legal steps needed to remove them, it’s equally important to focus on prevention. By taking proactive measures, you reduce the risk of squatters occupying your property. 

Conduct Regular Property Inspections 

Frequent visits to your property help you spot signs of unauthorised occupation early. The sooner you catch squatters, the easier it is to remove them. By conducting routine inspections, especially for properties that are vacant or infrequently used, you immediately identify changes like new locks, unauthorised repairs, or evidence of habitation.  

Keep a log of your inspections and document any suspicious activity to provide evidence if legal action becomes necessary. You could also ask trusted neighbours to keep an eye on the property and report any unusual activity, their vigilance is invaluable if you live far away. 

Secure Vacant Properties 

Vacant properties are prime targets for squatters, so take security measures as necessary. Board up windows, install security cameras, and use alarm systems to deter squatters from targeting your property. Motion-sensor lighting and regular landscaping maintenance also signal that the property is actively managed. 

You might also consider hiring a property management company to oversee security and maintenance, especially if you live far away or have multiple properties. Using smart home technology like remote monitoring systems also gives you real-time updates on your property’s condition. Smart locks, surveillance cameras, and app-based alerts help you respond quickly to any signs of intrusion. 

Draft Clear Rental Agreements for Tenanted Properties 

When leasing your property, always make use of formal rental agreements and keep thorough records for documentation purposes. A clear, legally binding contract establishes the terms of the tenancy and helps prevent tenants from later claiming they have rights to the property.  

Make sure that rent payments, property condition reports, and all communications with tenants are well-documented. If a dispute arises, having detailed records helps support your case and demonstrate the boundaries of the tenant’s rights and responsibilities. 

Time Limits and Adverse Possession Claims 

Different Australian states have different timeframes for adverse possession. In Queensland, New South Wales, Western Australia, Tasmania, and the Northern Territory, the period is 12 years. In Victoria, the period is 15 years. However, South Australia and the Australian Capital Territory do not recognise adverse possession claims at all. 

Depending on where you live, the squatter must prove they’ve treated the property as their own for all years required to claim their rights. 

Special Case for Tenanted Properties 

Tenants sometimes remain on a property after their lease has ended. While this may start as an oversight or miscommunication, it often escalates into a serious legal issue. If they stay long enough without the owner’s intervention, may be given the opportunity to claim adverse possession. 

This becomes even more complicated when tenants continue to pay utilities or maintain the property, creating the appearance of legitimate occupation. Initiate post-lease procedures as soon as your tenant’s contract ends. Do regular check-ins, issue formal notices when necessary, and keep thorough records of communications. 

Failing to address an overstaying tenant risks financial loss through drawn-out legal battles over ownership rights. 

Seeking Legal Assistance 

If you’re dealing with squatters or want to prevent adverse possession claims, engage a lawyer as soon as possible. Adverse possession is complex, and having a professional who understands the intricacies of property law saves you time, stress, and potential financial loss. 

A property lawyer helps you through eviction processes, guides you through filing necessary legal documentation, and advises you on the best preventative measures to avoid future issues.  

Court applications, legal fees, and potential property damage caused by squatters can add up quickly. Legal action takes time and incurs costs, but the price of losing your property is higher. 

An experienced lawyer helps streamline the process, so you take the right steps from the beginning. Your lawyer will represent your interests in court if necessary to make the entire process as efficient and effective as possible. 

Protecting Your Property 

Staying on top of property maintenance and inspections is your best defence against squatters. A well-managed property is less likely to attract unwanted occupants. 

While the temptation to remove squatters yourself is understandable, legal processes offer the safest and most effective resolution. Avoid the risk of legal repercussions by going through the proper channels. 

If you’re facing squatters or want to safeguard your property from adverse possession claims, our expert property lawyers are here to help. Contact us today for professional advice.